insanity Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

insanity

A

governed by the M’Naughten rules which provides a defence to those who commit a crime whilst suffering a malfunctioning of the mind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

M’Naughten

A

suffered extreme paranoia, so tried to kill the Prime Minister but ended up killing the secretary
not guilty - due to his mental state. The HOL created the rules
- presume every man is sane
- establish they were suffering a defect or reason
- from a disease of the mind
- d didn’t know the nature and quality of the act
- he was unaware what he was doing was legally wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

presumption

A

defendant is presumed to be sane and he must prove insanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Defect of reason

A
  • powers of reasoning are impaired
  • if they fail to use their powers of reason this will not be DOR
  • must amount to more than absent - mindedness forgetfulness or confusion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Clarke

A

supermarket and stole a jar of mincemeat - suffering from a absent mindedness due to diabetes and had no recollection
TJ - ruled insanity
COA - quashed conviction and held not guilty as she lacked mens rea
- defined DOR as a deprivation of powers not a failure to use them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Disease of the mind

A

can be a mental or physical disease …

epilepsy, sleepwalking, diabetes, brain injury, dissociation, psychosis and post traumatic stress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Kemp

A

defendant had anterisclerosis, harding of the arteries causing blackouts . During an episode d attacked his wife with a hammer causing serious injuries.
COA - NGRI as it was an internal condition
- defined DOM as ‘mental faculties of reason, memory and understanding are affected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

insanity or automatism

A

CDT - continuing danger test, recurrence? one offs automatism
ECT - internal - insanity and external - automatism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Bratty

A

killed a young girl with her stockings during an epileptic seizure
held NGRI - Lord Denning created the CDT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Charlson

A

attacked and killed his son with a mallet - had a brain tumour
Automatism - the tumour was classed as a physical disease so not a DOM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Sullivan

A

attacked neighbour during an epileptic seizure

pleaded guilty to avoid the label of insanity but HOL upheld NGRI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Dissociation

A

causes the defendant to act in a trance like state which is usually triggered by a severe mental stress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Rabey

A

unrequited love so he hit her over the head with a rock

  • pleaded automatism based on dissociation
  • Supreme court of Canada - overturned it and held insanity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Stone

A

wife insulted him so he stabbed her 47 times

TJ - held insanity as it was a small trigger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v T

A

d had been raped and days after she stabbed someone and robbed them
TJ - automatism
jury rejected it and convicted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Narbough

A

COA held there was no link between PTS and dissociation

16
Q

Falconer

A

wife killed husband after years of sexual abuse to her and her daughters
automatism succeeded by dissociation and the significant trigger

17
Q

Diabetes

A

hyperglycaemia - high bs - no insulin or not enough - internal=insanity
hypoglycaemia - low bs - too much insulin/ no food - external=automatism

18
Q

Hennessy

A

took a vehicle without the owners consent - not taken his insulin for 3 days
internal so insanity

19
Q

Quick

A

nurse attacked his patient - had insulin but ate very little after
pleaded guilty to avoid insanity
TJ - insanity
COA - automatism as it was external drugs taken

20
Q

Burgess

A

attacked v with a wine bottle during their sleep
pleaded automatism
Lord Lane - held that sleepwalking was an abnormality due to an internal factor
held insanity

21
Q

Parks

A

drove 15 miles whilst asleep to stab his mother in law and severely injure his father in law - under stress at work
automatism succeeded as it was an internal sleep disorder

22
Q

Bilton

A

couple drinking in a bar and he raped her - he had a sleep disorder
automatism succeeded - internal

23
Q

Thomas

A

gang tried assaulting an elderly couple giving the man night terrors causing him to kill his wife
prosecution withdrew so automatism succeeded

24
Q

Nature and Quality

A
  • understand the act

- why they are doing the act

25
Q

Windle

A

killed his wife who constantly threatened suicide so gave her asprin
NGRI - as he knew what he was doing was legally wrong - N&Q understood